Constitutional reform in Nicaragua: Concentration of power and repression of human rights.
December 11, 2024. The undersigned organizations express deep concern about the recent reform to the Political Constitution of Nicaragua, which restructures the State, concentrating power in the figure of “Co-Presidents” and thereby annuls, constitutionally, the division of powers. In addition, it consolidates the closing of civic space, eliminating freedom of expression and religion, and assures impunity for perpetrators of human rights violations.
On November 22, 2024, the “partial reform” of the Political Constitution of Nicaragua was approved, modifying more than 100 articles of its Magna Carta. This is the 12th constitutional reform proposed by Daniel Ortega since he has been in power. One of the most alarming elements of the reform is the concentration of power in the figure of the “Co-Presidency” which is given the role of “coordination” of the legislative, judicial and electoral “organs” of the State, which are not considered independent powers, in addition to other entities. The Co-Presidency will have absolute control of the Army and one more year of presidential mandate, for a total of 6 years.
We warn that ensuring impunity for human rights violations is a key element in these reforms. The new text eliminates the right not to be tortured, encouraging the continuation of the commission of such a crime. They also institutionalize “volunteer police,” which since the 2018 crisis have been recognized as groups of heavily armed civilians, acting with the acquiescence, support and protection of state forces. There is multiple evidence of the actions of these groups in the commission of serious human rights violations against the Nicaraguan population.
We call attention to the absolute closure of civic space and the restrictions to any freedom. The reforms subordinate the exercise of rights to the maintenance of the supreme values of peace and security; any act that is considered an affront to these values implies the diminution or loss of rights. Controls over the media and civil society organizations, both outside and inside Nicaragua, are strengthened. In addition, since last September’s reforms, the excessive and improper use of the penal system to repress any person who opposes or is perceived to oppose, by eliminating minimum judicial guarantees, is endorsed.
We are witnessing an alarming escalation in the control and dispossession of the territories of the indigenous and Afro-descendant peoples of Nicaragua. In the new constitutional text, greater control is imposed on these peoples to decide their forms of government and organization, instrumentalizing autonomy at the time of carrying out consultations, these being subject to a single approval by the regional governments and not by the communities.
Likewise, the reform strengthens a series of legislative changes in the criminal, economic and migratory areas, with which the Nicaraguan authorities seek to extend repression both inside and outside Nicaragua. Among others, the modifications concretize de facto statelessness, banishment and cross-border repression.
Finally, we highlight that the legislative changes have taken place in a tense environment marked by repressive acts. On November 3, two murders of members of indigenous communities of the Northern Caribbean Coast were reported, and on November 28, human rights organizations reported at least 30 arbitrary detentions, accompanied by forced disappearances, as well as the banishment of entire families at the borders.
Therefore, in view of this situation, we, the undersigned organizations, request the following:
To the community of States: maintain vigilance over Nicaragua and reinforce its support for indigenous and Afro-descendant communities, organizations and social movements. We request that the activation of diplomatic mechanisms be considered in order to influence the urgency of the return to democracy in Nicaragua, and to ensure that commercial and financial relations are conditioned to the strict compliance of the State with its obligations in terms of human rights and access to justice.
To financial entities: implement policies and guidelines that establish provisions regarding respect for and guarantee of democracy, legal security and human rights, and that make the granting of loans and credits conditional upon the State of Nicaragua’s compliance with these provisions, in accordance with the highest human rights standards.
To international human rights organizations: to continue and reinforce the documentation of human rights violations against the Nicaraguan population both inside and outside the country; to address comprehensively through their reports and statements the continuity of human rights violations, with an intersectional approach and emphasis on the most vulnerable populations such as children, women, sexual dissidents and indigenous and Afro-descendant peoples; to make visible and inform the international community through their mechanisms about the upsurge of cross-border repression and human rights violations in Nicaragua.
Signatories
Alerta Venezuela
Asociación para el Desarrollo Indígena Local – ADIS
Asociación Centroamericana para el Desarrollo y la Democracia Red Local
Center for Legal Assistance to Indigenous Peoples – CALPI
Center for Justice and International Law -CEJIL
Civil Rights Defenders
Colectivo Nicaragua Nunca Más
Equipo Jurídico por los Derechos Humanos
International Federation for Human Rights – FIDH
Reflection Group of Former Political Prisoners – GREX
Iniciativa Universitaria por Nicaragua
International Institute on Race, Equality and Human Rights – IRRI
La Mesa Redonda
Movimiento Autónomo de Mujeres
World Organization Against Torture – OMCT
Peace Brigades International – PBI
Red de Mujeres Pinoleras
International Human Rights Network Europe -RIDHE
Unamos
Unidd de Defensa Legal
Unidad Azul y Blanco
Urnas Abiertas
Washington Office on Latin America – WOLA